CASE LAW DEVELOPMENTS: BXY AND OTHERS V BXX AND OTHERS, [2019] SGHC(I) 11
By Lee Mei Yong, Debbie & Wong Qiao Ling Sharon – Millennium Law LLC
I. INTRODUCTION
1. This decision concerned an application commenced in the High Court, requesting inter alia that a Tribunal’s dismissal of an application to strike out a party “be reversed ”, pursuant to s 10(3) of the International Arbitration Act (“IAA”) and/or ...
Interpretation of Arbitration Agreements: View from Downunder
By Albert Monichino QC
I. INTRODUCTION
1. In Rinehart v Hancock Pty Ltd (‘Hancock’) Australia’s apex court, the High Court of Australia, recently considered the proper approach to the interpretation of arbitration agreements. Whilst the ‘liberal presumptive approach’ articulated by Lord Hoffmann in Fiona Trust is followed in the UK and Singapore, this approach has received a cooler reception in Australia. Indeed, Australian intermediate appellate courts have adopted ...